Springfield Insurance Company Et Al. v. Harris., 106 Ga. App. 422, 126 S.E.2d 920 (1962)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: 39571

Parts: RUSSELL, Judge.

Linked as:

Summary

Judgment affirmed. Carlisle, P. J., and Eberhardt, J., concur.

Summary

Judgment affirmed. Carlisle, P. J., and Eberhardt, J., concur.

Text

Woodruff, Latimer, Savell, Lane & Williams, John M. Williams, for plaintiffs in error.

1.(a) Where there is some medical opinion evidence, although disputed, that exertion of an employee is a contributing precipitating factor in the onset of a cerebral thrombosis or hemorrhage, commonly called a stroke, an award in favor of the claimant will not be disturbed by this court. Royal Indem. Co. v. Humphries, 90 Ga. App. 567 (2) (83 SE2d 565). The question of the weight to be given such expert opinion testimony is entirely for the Board of Workmen's Compensation. Autry v. General Motors BOP Assembly Plant, 85 Ga. App. 500 (69 SE2d 697). Cases involving cerebral hemorrhage have frequently been held compensable in spite of the fact that there has been a lapse of time, extending from a few minutes to several days, between the exertion which it was contended precipitated the cerebral accident and the ultimate death or disability. See Liberty Mut. Ins. Co. v. Williams, 84 Ga. App. 235 (1) (65 SE2d 825); U. S. Fidelity &c. Co. v. Rosser, 93 Ga. App. 201 (91 SE2d 64); Griggs v. Lumbermen's Mut. Cas. Co., 83 Ga. App. 318 (63 SE2d 437); Atlantic C. L. R. Co. v. Clements, 92 Ga. App. 451 (88 SE2d 809). After judgment the evidence is to be construed in favor of the verdict or award, and the mere fact that contradictions appear in the testimony of such a witness is no reason for voiding the result. Holton v. State, 105 Ga. App. 273, 124 SE2d 435) was sufficiently complied with in this case. This does not mean that the hearing director must brief all the evidence in the case; it does mean that the facts shown by the testimony on which the legal conclusions are founded should affirmatively appear.

The judge of the superior court did not err in affirming the award of the Board of Workmen's Compensation in favor of the claimant.

Herman H. Buckner, contra.

1962